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Losing a loved one because of someone else’s negligence is devastating. In addition to emotional grief, families are often left facing medical bills, funeral expenses, lost income, and uncertainty about what legal rights they have under Louisiana law.
Under Louisiana Civil Code Article 2315.2, only certain family members are legally allowed to file a wrongful death claim, and the law follows a strict priority order. Understanding who has the right to bring a claim — and how long your family has to act — is critical because Louisiana’s filing deadline is short.
Wrongful death claims can arise from many situations, including car accidents, truck accidents, workplace incidents, medical malpractice, or fatal drunk driving accidents.
At Brandt & Sherman Injury Lawyers, our team has more than 50 years of combined experience helping Louisiana families pursue justice after tragic losses.
Louisiana law follows a strict hierarchy for wrongful death claims. Only the highest surviving class of eligible family members may file.
If no qualifying relatives exist in one category, the right passes to the next class in order.
Under La. C.C. Art. 2315.2, the order is:
Lower-priority family members generally cannot file if someone in a higher class is still living.
The surviving spouse and children have the first legal right to bring a wrongful death claim in Louisiana.
This includes:
If the deceased was married and had children, both the spouse and children may share the right to pursue the claim.
When minor children are involved, the surviving parent typically acts on their behalf during the legal process.
Wrongful death claims involving the death of a spouse or parent often arise after serious accidents involving:
If there is no surviving spouse or child, the right to file passes to the deceased’s surviving parent or parents.
Both biological and adoptive parents may qualify under Louisiana law.
Parents may seek compensation for:
The death of a child often creates severe emotional and financial hardship for surviving parents, particularly in cases involving sudden or preventable accidents.
If the deceased left behind no spouse, children, or parents, surviving siblings may have the right to file a wrongful death claim.
Brothers and sisters may pursue damages for emotional suffering, loss of companionship, and in some cases financial dependency.
These claims often require careful documentation of the family relationship and the impact of the loss.
If no spouse, children, parents, or siblings survive, the right to file may pass to surviving grandparents.
Although less common, Louisiana law still recognizes that grandparents may experience profound emotional and financial losses after the wrongful death of a loved one.
Louisiana’s wrongful death laws do not allow lower-priority relatives to “skip ahead” if someone in a higher class is still alive.
For example:
Because family situations can become complicated quickly, determining who legally has the right to file is one of the first steps a wrongful death attorney evaluates.
Louisiana recognizes both wrongful death claims and survival actions, but they are not the same thing.
A wrongful death claim compensates surviving family members for the losses they personally suffered because of their loved one’s death.
This may include:
A survival action is different. It allows certain family members to continue the personal injury claim the deceased would have had if they survived.
Survival actions may include damages for:
For example, if someone survived for several weeks after a severe brain or spinal cord injury before passing away, the family may pursue both a wrongful death claim and a survival action.
In many Louisiana cases, both claims are filed together.
Wrongful death claims may involve both economic and non-economic damages.
Economic losses may include:
Non-economic damages may include:
Cases involving catastrophic injuries or severe negligence often involve substantial emotional and financial losses for surviving family members.
Louisiana has one of the shortest wrongful death filing deadlines in the country.
Under Louisiana law, most wrongful death claims must be filed within one year from the date of death.
Missing this deadline can permanently prevent your family from recovering compensation.
Because the statute of limitations is strict and exceptions are limited, families should speak with an attorney as soon as possible after a fatal accident.
Insurance companies are aware of Louisiana’s short filing window and may intentionally delay negotiations while families are grieving.
Yes. When multiple individuals belong to the same priority class, they may often participate together in the wrongful death claim.
For example:
An attorney can help coordinate representation and ensure all eligible family members are properly included.
Louisiana allows additional legal remedies in some fatal drunk driving cases.
If a loved one died because of an intoxicated driver, surviving family members may pursue compensation through a wrongful death claim and may also seek punitive damages in certain situations allowed by Louisiana law.
Fatal drunk driving accidents often involve both criminal proceedings and civil litigation.
Wrongful death cases are emotionally difficult and legally complex.
At Brandt & Sherman Injury Lawyers, we help families throughout Louisiana:
Our firm represents families in wrongful death cases involving:
No amount of compensation can replace your loved one, but legal action can help protect your family’s future and hold negligent parties accountable.
Yes. Under Louisiana law, a surviving spouse has first priority to file a wrongful death claim after a fatal car accident.
If both parents are deceased and there is no surviving spouse or child, the right to file may pass to surviving siblings under Louisiana’s statutory priority order.
Most Louisiana wrongful death claims must be filed within one year from the date of death.
Yes. Louisiana law generally treats adopted children the same as biological children for wrongful death purposes.
Not necessarily. Louisiana law may prohibit a parent who abandoned the child during their minority from pursuing a wrongful death claim.
Families may recover compensation for funeral expenses, lost financial support, emotional suffering, loss of companionship, and other related damages.
If your loved one died because of someone else’s negligence, you should not have to navigate Louisiana’s wrongful death laws alone.
At Brandt & Sherman Injury Lawyers, we help grieving families understand their rights, identify every available source of compensation, and aggressively pursue justice against negligent parties and insurance companies.
The sooner you speak with an attorney, the sooner critical evidence can be preserved and your family’s legal rights protected.
Call (337) 800-4000 or contact us online today for a free consultation. There are no legal fees unless we recover compensation for your family.
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